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(영문) 서울남부지방법원 2016.01.12 2015가합101239
유치권부존재확인
Text

1. There is no lien for each of the real estates listed in the separate sheet No. 1 by Defendant A and DCoa.

Reasons

1. Basic facts

A. The Plaintiff’s joint collateral security 1) from C was changed from D to March 22, 2010.

hereinafter referred to as “C”

(1) The land listed in Paragraph (1) (hereinafter referred to as “instant land”) among each real property listed in the separate sheet No. 1, which is owned by the owner.

(A) the building described in Section 2(a) of the same list (hereinafter referred to as “instant building”).

(2) As to the registration of establishment of a joint collateral security (hereinafter “joint collateral security of this case”) for the establishment of a joint collateral security (hereinafter “joint collateral security”) of the debtor C, the maximum debt amount of KRW 1.3 billion and the joint collateral security (hereinafter “joint collateral security”) for the establishment of a joint collateral security (hereinafter “joint collateral security”).

(2) On May 22, 2009, the Plaintiff completed the registration of change of the right to collateral security, which adds machinery and equipment under Article 6 of the Act on Mortgage on Factories and Mining Foundations, to the joint collateral on the ground of a change agreement with the same registry office as the receipt of No. 9653 on May 22, 2009. On May 20, 2009 and December 30, 2009, the Plaintiff lent C a total of one billion won as the facility modernization fund for distribution facilities support of the Agricultural Fund.

B. Defendant B Co., Ltd. (hereinafter “Defendant B”) acquiring the ownership of the instant land and the instant building from Defendant B (hereinafter “Defendant B”) completed the registration of ownership transfer from Defendant B on March 7, 2013, as to the instant land and building owned by it, for sale and purchase on February 4, 2013, from each of the same registry offices. Defendant B, around that time, is operating a bread factory (hereinafter “instant factory”) while occupying the instant land and building from around that time to the date of closing argument.

C. Voluntary auction procedures regarding the instant land and buildings, and the Defendants’ report on the Defendants’ right of retention 1 Plaintiff, who did not repay the said loans, shall be subject to the instant joint mortgage, and the Chuncheon District Court E on February 21, 2014 regarding the instant land and buildings, etc. based on the instant joint collateral security.

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